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  • kishdam
    02-11 02:14 PM
    The 800K pending 485s include people who have filed multiple 485s.
    Cases like
    1) Spouses filing thier own as well as dependant.
    2) More then one primary filing.

    So i guess there are about 100K duplicate and invalid applications.

    In a way our community contributes to our own downfall...

    Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.

    I think that is not really true - You cannot file more than one I485 as in other stages of immigration process (you can file multiple H1B’s; multiple I140’s etc). Because I485 is for adjustment of status to an individual and is unique for each individual. Yes there will be applications for primary and dependent but each of them take a visa number anyway and they have to be counted.

    In the I485 – adjustment of status - an applicant can change the preference category (EB2 vs EB3) by interfiling new I140 approval i.e. by suppling the new I140 approval papers which will update an existing I485 but cannot file a new I485. This is true for EB category cases. I am not sure if we can apply I485 in EB and FB categories – I doubt that as well but even if its possible how many people in EB category can have FB application pending? My guess is less than 1%.

    If 800K has both FB and EB applications, majority of them may be FB but even in EB there can be huge backlog. Considering country quotas we are looking at very long waits unless the law change.





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  • keepwalking
    05-16 05:24 PM
    I applied for my EAD in the last week of Nov 10. I got mine in the first week of Jan 11.

    For the question of 'if she can leave while USCIS is processing her AP', I am not sure...

    My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.

    How long does it take to get the AP and EAD? Can she leave the country without the AP.





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  • aj_jadeja
    09-21 12:02 AM
    Interesting..If I visit VFS in person when I'm in Chennai, How soon will I get the appointment. My visa expires in Feb'07 and I'm going to Chennai for 3 weeks in Nov. So If I don't get appt I can always try for the next trip..


    As said they have seprate quota for 'Returning workers' . I have used it. I went to VFS on 23rd nov 2005 and got appt for 30th Nov 2005.

    Hope this helps ,

    aj





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  • gconmymind
    04-17 04:39 PM
    H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?

    My gut feeling (not based on any facts) is you should be ok to go back on H1. Please consult an attorney though...



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  • aperregatturv
    04-20 05:24 PM
    I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.

    Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT

    Your Case Status: Post Decision Activity

    On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    But i have not received the document yet and wife is leaving on 24 th Apr 2011.
    I would like to know if she can go without and when i get it i can mail the document so she can come back.

    Please help.

    Thanks
    Arun





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  • indio0617
    04-09 11:59 AM
    Just sent you a PM. Check it....



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  • suny_saini
    07-22 06:14 AM
    hello friends
    hope u experienced guys can help me and advise me in my case:

    my dad is a green card holder and a pernanent resident of US

    me my mom and my younger bro were applied by my dad in E3 category.

    abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.

    now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)

    my name was not there for interview.

    on the day of interview i went with my family.
    they took interview of my mom and bro and said everything is ok.
    i was also there in waiting room and only i was allowed to talk and ask the officer at enquire

    consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.

    i asked at lady at enquire that why they returned the passports?
    and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
    so after u present the approval notice they will think and decide if i can be able to get visa or not.

    then we have again submitted and also i submillted my passport with their.

    can anybody help me and tell me wots gonna happen???
    i cant wait of their responce.
    here are some detials if u can check and calculate if i am elegible...

    My current age - 21 yrs and 7 months

    Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days

    Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
    see date of posting at the end of page ie. 11 may

    I-140 Filed: May20, 2003
    Approved: October 8, 2003
    Time taken : 5 monnths and 19 days

    Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
    Approved ON: Nov 7, 2005

    Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.

    and we filled DS-230 and courier to Delhi US embassy.

    Our dates were current near Nov 2005 but again they changed the dates and it became un current.

    now dates are current again.

    plz help me....





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  • kumar1
    04-16 02:05 PM
    quote



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  • sriteam
    07-06 12:02 PM
    Taking a cue from above........

    Why did Washington Post not cover a very important issue that effects Legal Immigrants when DOS & USCIS Slammed their Doors ,on July 2 2007, in an unprecedented/unlawful manner that resulted in millions of dollars wasted and dreams shattered of lawfully present Highly Skilled Immigrants.

    Links for further research below

    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
    http://www.nytimes.com/2007/07/06/us/06visa.html?hp
    http://online.wsj.com/article/SB118359095890657571.html?mod=googlenews_wsj
    http://news.yahoo.com/s/ap/20070703/ap_on_go_ca_st_pe/immigration_green_cards
    http://www.nytimes.com/2007/07/04/us/04visas.html?ex=1341201600&en=fbf9eb2e25eac42e&ei=5124&partner=digg&exprod=digg


    Thanks





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  • Jerrome
    10-18 05:56 PM
    I have got EAD and AP.I think i would not have got them if the 140 is not filled.

    I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.

    I wanted to know is there a way out.



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  • Robert Kumar
    02-15 08:09 AM
    If I were to file EB2 now,

    1. Can I use ads done for somebody else, to save time.
    2. Should the ad in the paper say "Masters needed, or Bachelors + 5 years".

    Is this point 2 very important in the ad itself.

    Thank you,
    Bobby.





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  • gondalguru
    06-20 12:09 AM
    All I can say is for J1 physician is different then regular J1 visa. If you are J1 physician you have to serve 3 years in an underserved area on H1b visa and then and then you can get your GC. If you file NIW for physician you can apply for I-140 and I-485 but you will get GC after 5 yrs of service in an underserved area.



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  • meghanap2000
    09-09 03:35 PM
    This is the always problem with USCIS in porting PD. In my case they have put PD as 485 application received date. The only solution to this is ..Keep your attorney in the loop and ask them to send letters repeatedly and call the customer service center repeatedly..
    There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
    Once your dates are current, please keep calling them and follow up thru AILA and congressman and senators office etc..This task can be done by your attorney also.





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  • alterego
    07-12 07:25 PM
    Consult with you lawyer about this one.
    However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
    The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
    This would be a good question to post on the lawyer thread on the home page.



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  • abhi2001
    02-25 10:03 AM
    Is Company A Satyam??
    haha..no





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  • dealsnet
    02-07 09:34 AM
    Visit visa is only for the max. 6 months. No guarenty they will give that. I know many people got 1-3 months only. My mother used to come here for 6 months and go back to India for 1 months and again come back and stay 6 months. The 3rd time at the JFK, they told her this is your last entry in visit visa and give her 3 months. They told her if you come next time, she will send back as blacklisted. Because she abused the visit visa and stayed most of the time here in US for the couple of years. My sister is a US citizen by then and she filed AOS and I-130 for her and my mother got her GC in 6 months. My friend bring his father here and his father was hospitalized due to a heart attack. He got a bill for 90K. Now he is paying it by installments, because be sponser him. He is liable to pay it. He hired a lawyer, but finally he agreed to pay. So don't bring any one here without taking medical insurance. Parents are not come into H4 catagory.
    From IRS point of view, parents are considered dependents if you are taking care of them at home. You could bring them on visitor VISA mentioning that they will be here for medical treatment. You may have to show proof of Insurance etc ... in the affidavit of support. Medical exprenses are costly here. That is the only problem.



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  • desimass77
    05-11 01:56 PM
    Yes, my school did query with USCIS and got the confirmation that I am at AOS stage. I got AP valied for one year, but I did talk to the school stating that since I am within USA I will not get I-94 as I-94 is given to people who are entering from outside. As my new AP is issued by USCIS it is a valied document.

    My FAO communicated with their International Students office who handles immigration issues to confirm this and I got my Loan approved.

    Good Luck

    Hi desimass77. How do you convince the school that you are qualified?

    My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.

    Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.

    Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?

    I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.

    Please, if anybody successfully convinced school on FAFSA, please share your experience here!





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  • gc_peshwa
    12-09 10:54 AM
    Thanks IV for the update!
    Good news guys...This is getting exciting now. Pleasantly surprised with 59 yes votes. Thats a good number. President Obama may have pulled off a miracle by extracting the GOP YES to DREAM by supporting their agenda of tax cuts for wealthiest Americans. Its politics afterall!





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  • thomachan72
    09-16 01:17 PM
    Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?





    Blog Feeds
    06-03 03:40 PM
    WASHINGTON � U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:


    been granted Temporary Protected Status (TPS);
    a pending application for adjustment of status to lawful permanent resident;
    a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
    a pending asylum application; or
    a pending application for legalization.*
    To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.

    Advance Parole is permission to reenter the United States after traveling abroad.* Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.* By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.* Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.*

    Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.* Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.* For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links)*and instructions for Form I-131.

    Note:
    Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.* Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.* Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.*

    Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.** Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.*

    Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.* For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?

    Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.* Such individuals are encouraged to review USCIS� Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.

    Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS� Customer Service Center at 1-800-375-5283.



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    humdesi
    05-31 10:37 PM
    In this case the guy is a software engineer. The consulting company is willing to show that he is a manager.



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